When it comes to personal injury cases in Atlanta, Georgia, understanding the concept of comparative negligence is crucial. This legal principle can have a significant impact on your ability to recover compensation after an accident. In this post, we’ll explore what comparative negligence means and how it can affect your case.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used in personal injury cases to determine the degree of fault assigned to each party involved, think of this in percentages. This determines the percentage amount that each party is at fault. Georgia follows a modified comparative negligence system, meaning that if you’re partially at fault for an accident, it can affect your ability to recover damages.
How Comparative Negligence Works in Georgia
In Atlanta, as in the rest of Georgia, the court will assess the fault of all parties involved in an accident and assign a percentage of fault to each party. Here’s how it works:
- Pure Comparative Negligence: Georgia follows a pure comparative negligence rule. This means that even if you’re found to be partially at fault for an accident, you can still seek compensation. However, the amount you receive will be reduced by your percentage of fault.
- 50% Rule: Georgia applies the 50% rule, which means that if you’re found to be 50% or more at fault for the accident, you cannot recover any damages. If you’re 49% or less at fault, you can still seek compensation, but it will be reduced by your assigned percentage of fault.
Implications for Your Personal Injury Case
Understanding comparative negligence is crucial when pursuing a personal injury claim in Atlanta. Here’s how it can impact your case:
- Evidence Gathering: To minimize your percentage of fault, it’s essential to gather strong evidence, such as witness statements, photographs, and expert testimony.
- Negotiations: Insurance companies may use comparative negligence to reduce settlement offers. Having a skilled attorney on your side can help ensure you receive fair compensation.
- Trial Outcomes: If your case goes to trial, the jury will consider comparative negligence when determining the final award.
Consult an Experienced Atlanta Personal Injury Attorney
Navigating the complexities of comparative negligence and personal injury claims in Atlanta can be challenging. That’s why you need to consult with an experienced personal injury attorney who understands Georgia’s laws and who will help protect your rights.
At The Atlanta Injury Lawyer – Beacon Law Group, we have a proven track record of successfully handling personal injury cases in Atlanta, including those involving comparative negligence. Contact us today for a free consultation to discuss your case and explore your legal options.
Atlanta Office:
- Address: 101 Marietta St NW #3100
Atlanta, GA 30303 - Phone: 770-526-0685
Let us help you understand your rights and fight for the compensation you deserve, even in cases involving comparative negligence.